New F, J, I Visa Rule: How Extensions of Stay Will Work After September 15
International students, exchange visitors and foreign-media representatives in the United States will face a substantially different process for remaining in the country beyond their authorized admission period under a Department of Homeland Security
final visa rule scheduled to take effect on September 15, 2026.
The rule eliminates the longstanding “duration of status,” or D/S, system for F, J and I nonimmigrants and replaces it with fixed periods of admission. For many students and exchange visitors, one of the most important practical consequences is that extending an academic program, exchange program or media assignment on institutional paperwork alone will no longer necessarily extend the person’s authorized stay in the United States. A separate extension-of-stay application to U.S. Citizenship and Immigration Services may be required.
The change concerns immigration status and the period of authorized admission, not the expiration date printed on a visa stamp in a passport. After the rule takes effect, F-1 and J-1 entrants generally will receive an I-94 with a specific “Admit Until Date” rather than D/S. Their admission can cover the program shown on Form I-20 or DS-2019, but generally cannot exceed four years, with an additional 30-day departure period.
For Indian families, the new procedure is particularly significant. India was the largest source of international students in the United States in the 2024-25 academic year, with 363,019 students, including 143,740 reported as participating in Optional Practical Training, according to the Institute of International Education’s Open Doors 2025 data.
An updated I-20 or DS-2019 will no longer be enough in many cases
Under the current D/S framework, an F-1 student who needs additional time to finish a degree typically works with the school’s designated school official, or DSO, to obtain a program extension in SEVIS and an updated Form I-20. J-1 exchange visitors similarly work through their program sponsors and Forms DS-2019.
Under the final rule, those institutional steps remain important, but they may not by themselves extend the period DHS has authorized the individual to remain in the United States.
The final regulation establishes a formal extension-of-stay, or EOS, process through USCIS. DHS said it is using the existing Form I-539, Application to Extend/Change Nonimmigrant Status, rather than creating an entirely new form, although applicants should check the USCIS website for the current form edition, filing instructions and fee at the time they submit an application.
Current USCIS Form I-539 instructions generally recommend filing at least 45 days before the authorized stay expires and generally no more than six months in advance. DHS also said in the final rule’s preamble that applicants can reduce disruption by filing as early as 180 days before expiration.
The regulatory deadline, however, is critical: a timely EOS application generally must be received by USCIS on or before expiration of the authorized admission period.
What F-1 students will have to show
An F-1 student seeking additional time to complete a program may qualify for an extension if the student has continually maintained status, is pursuing a full course of study and has an updated Form I-20 or other qualifying evidence supporting the need for additional time.
The final regulation identifies permissible reasons that can include a compelling academic reason, such as a change in major or research topic or unexpected research problems; a documented illness or medical condition; or circumstances beyond the student’s control, such as a natural disaster, national health crisis or institutional closure. Academic probation or repeated inability or unwillingness to complete a course of study are specifically excluded as acceptable reasons for an extension.
The DSO must endorse the Form I-20 with a recommendation and new program end date. The student must then submit the USCIS extension application with the updated I-20, evidence of sufficient financial resources, the required fee and any required biometrics. The student must also have maintained F-1 status and not engaged in unauthorized employment.
If approved, an F-1 extension may generally cover the additional period necessary to complete the program or authorized practical training, up to four years for each extension.
There is an important deadline trap. Under the new system, obtaining an I-20 extension after the old program end date has already passed may not cure the immigration problem. DHS says an F-1 student whose program extension is entered after the end date may instead have to seek reinstatement because the student may no longer qualify for a normal EOS.
Filing during the 30-day period has consequences for employment
Under the new fixed-admission system, F-1 students generally receive a 30-day period after completing study or authorized practical training to depart or otherwise take steps to maintain lawful status.
An EOS can still be timely if USCIS receives it during that 30-day period. But an F-1 student filing during the departure period may continue a full course of study while the request is pending but cannot continue or begin practical training or other employment merely on the basis of that late-in-the-window EOS filing.
Students who file before their admission period expires have broader protections while USCIS considers the case. DHS specifically provides that a timely filing can allow an F-1 student to continue a full course of study, while certain forms of authorized employment — including qualifying on-campus employment, CPT and severe-economic-hardship employment — can continue for up to 240 days under specified circumstances. OPT and STEM OPT have separate employment-authorization rules.
Special temporary rule for OPT and STEM OPT
DHS created a six-month transition provision for some F-1 students moving into post-completion OPT or STEM OPT.
An eligible F-1 student who is recommended for post-completion OPT and files the required Form I-765 before the applicable period of admission expires and on or before March 18, 2027, will not also have to file Form I-539 solely to cover the requested OPT period.
Similarly, an eligible F-1 student recommended for STEM OPT who timely files Form I-765 before the current OPT employment authorization expires and by March 18, 2027, will not need a separate I-539 for the requested STEM OPT period. DHS reserved the ability to extend this temporary exemption in six-month increments.
That exception matters because it means not every F-1 student moving into OPT immediately after September 15 will automatically face two simultaneous USCIS filings.
J-1 exchange visitors will need both sponsor action and USCIS action
For J-1 exchange visitors, an extension or newly issued Form DS-2019 will no longer automatically establish the period the person may remain in the United States.
The final regulation states explicitly that a program end date on Form DS-2019, standing alone, does not authorize continued lawful stay. A J-1 who needs additional time because of a program extension, academic training, a program change or certain other circumstances must obtain the necessary sponsor documentation and also apply for an EOS with USCIS.
The application must include a valid DS-2019, the required USCIS filing and fee, and biometrics if required. A J-1 EOS generally can be approved up to the length of the program shown on the DS-2019, not exceeding four years, but J-category-specific limits under Department of State regulations continue to apply.
If the sponsor has to correct or reinstate a J-1 SEVIS record after the previous program end date, the final DHS rule requires the J-1 to submit the USCIS EOS request within 30 days of that status update.
A timely filed J-1 EOS can also permit continued participation in the exchange program while the application is pending. J-1s whose employment is authorized incident to status with a particular employer can, in qualifying circumstances, continue employment for up to 240 days after expiration while the timely EOS remains pending. J-2 spouses and children who work through separately issued employment authorization documents do not receive the same automatic continuation once their EAD expires.
I visa holders face much shorter admission periods
The final rule also fundamentally changes the rules for I nonimmigrants — representatives of foreign information media.
Most I nonimmigrants will be admitted for the period necessary to complete their assignments, but for no more than 240 days at a time. A special 90-day limit applies to certain I nonimmigrants presenting passports issued by the People’s Republic of China, excluding Hong Kong and Macau Special Administrative Region passports.
Extensions will generally be available in additional periods of up to 240 days, or up to 90 days for the affected PRC passport holders, limited in each case by the length of the qualifying media activity.
The EOS filing must contain the USCIS application, required fee and biometrics when applicable, as well as evidence establishing eligibility for I classification. That includes evidence that the represented foreign media organization has a home office outside the United States and will continue operating there, along with an employer letter — or, where applicable, an attestation from a self-employed or freelance applicant — describing the employment, representation, remuneration and work to be performed.
A qualifying I nonimmigrant who timely files an EOS can continue activities and employment with the same employer for up to 240 days after the I-94 expires, or 90 days for the affected PRC passport holders. If the first extension remains pending beyond that period, continued presence may be permitted under the regulation in certain circumstances, but employment must stop until USCIS approves the initial extension.
Dependents cannot be overlooked
F-2, J-2 and dependent I family members who need to remain for the additional period generally must be included with the principal’s extension request or file their own EOS applications.
They must establish the qualifying family relationship, maintain their own status and avoid unauthorized employment. DHS also provides that an extension for a dependent cannot exceed the principal nonimmigrant’s authorized period.
This means families should review everyone’s I-94 and immigration documents rather than assuming that approval for the principal student, visitor or journalist automatically resolves each dependent’s stay.
Current D/S holders do not all have to file on September 15
The rule contains substantial transition protections for people already in the United States under D/S.
F and J nonimmigrants who are properly maintaining status on September 15 and were admitted for D/S generally can continue through the applicable program or employment-authorization period without immediately filing an EOS. The transition is capped at four years from September 15, with the existing departure periods preserved for this group — no later than November 14, 2030 for F nonimmigrants and October 15, 2030 for J nonimmigrants.
However, if such a person needs additional time for a continuing program, a new program, OPT, STEM OPT, academic training or another covered activity beyond the transition authorization, an EOS may be required.
I nonimmigrants already present under D/S have a much shorter transition. Most may remain for the time necessary to complete their activity, but no later than May 13, 2027. For affected PRC passport holders, the transition deadline is December 14, 2026. Those requiring more time must seek an extension through USCIS.
Travel while an EOS is pending requires careful planning
The final rule does not say that every departure automatically abandons a pending F, J or I extension.
If the nonimmigrant leaves and returns while the previously authorized admission period is still valid and seeks readmission for the remaining portion of that same period, USCIS generally will not treat the EOS as abandoned.
But if the person travels and seeks a new, longer period of admission based on an updated I-20, DS-2019 or media assignment, CBP may issue a new fixed admission period and USCIS may then deem the pending EOS unnecessary and abandoned. DHS says travelers in these situations should carry the USCIS receipt notice together with the relevant I-20, DS-2019 or foreign-media employment documentation.
For students in particular, international travel after September 15 could therefore change which admission regime applies and should be reviewed against the individual’s I-94, program documents, EOS filing and any pending employment authorization.
September 15 remains scheduled — but litigation is pending
There is an important qualification to the implementation date.
The Federal Register identifies September 15, 2026 as the rule’s effective date but says that, because the regulation is a major rule subject to congressional review, DHS will publish another Federal Register document if the effective date changes or the rule is terminated.
The Government Accountability Office reported on August 4 that the September 15 date did not provide the full 60-day delay required under the Congressional Review Act because the Senate received the rule on July 20.
Separately, a coalition including NAFSA and higher-education and labor organizations filed suit on August 18 seeking to block the rule. A federal judge scheduled a hearing on the plaintiffs’ request for a preliminary injunction for September 3, 2026. As of September 1, no injunction has been reported, so schools, exchange visitors and affected employers are preparing for the September 15 implementation date while watching the litigation closely.
For students and families, the central practical change is simple but consequential: after the fixed-admission system begins, the date controlling lawful stay cannot be assumed from a visa stamp, an I-20 or a DS-2019 alone. The I-94 admission period and, when additional time is needed, a timely USCIS extension filing become critical.
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